II 

112TH CONGRESS 

1ST SESSION S. 473 

To extend the chemical facility security program of the Department of 

Homeland Security, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 3, 2011 

Ms. COLLINS (for herself, Mr. PRYOR, Mr. PORTMAN, and Ms. LANDRIEU) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To extend the chemical facility security program of the 

Department of Homeland Security, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Continuing Chemical 

5 Facilities Antiterrorism Security Act of 2011’’. 

6 SEC. 2. EXTENSION OF CHEMICAL FACILITIES 

7 ANTITERRORISM SECURITY PROGRAM. 

8 (a) IN GENERAL.—Section 550(b) of the Department 

9 of Homeland Security Appropriations Act, 2007 (6 U.S.C. 


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1 121 note) is amended by striking ‘‘October 4, 2010’’ and 

2 inserting ‘‘October 4, 2014’’. 

3 (b) CHEMICAL FACILITY SECURITY ENHANCE4 MENTS.— 

5 (1) IN GENERAL.—The Homeland Security Act 

6 of 2002 (6 U.S.C. 101 et seq.) is amended by add7 ing at the end the following: 

8 ‘‘TITLE XXI—CHEMICAL 

9 FACILITY SECURITY 

10 ‘‘SEC. 2101. DEFINITIONS. 

11 ‘‘In this title— 

12 ‘‘(1) the term ‘Board’ means the Chemical Fa13 cility Security Advisory Board established under sec14 tion 2105(a); 

15 ‘‘(2) the term ‘Chemical Facility Anti-Ter16 rorism Standards’ means the interim final regula17 tions issued by the Secretary under section 550 of 

18 the Department of Homeland Security Appropria19 tions Act, 2007 (6 U.S.C. 121 note); and 

20 ‘‘(3) the term ‘covered chemical facility’ means 

21 a chemical facility subject to the Chemical Facility 

22 Anti-Terrorism Standards. 

23 ‘‘SEC. 2102. CHEMICAL SECURITY TRAINING PROGRAM. 

24 ‘‘(a) ESTABLISHMENT.—Acting through the Admin25 istrator of the Federal Emergency Management Agency 


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1 and in coordination with the Under Secretary for National 

2 Protection and Programs, the Secretary shall establish a 

3 voluntary chemical security training program (referred to 

4 in this section as the ‘training program’) for the purpose 

5 of enhancing the capabilities of covered chemical facilities 

6 to prevent, prepare for, respond to, mitigate against, and 

7 recover from threatened or actual acts of terrorism, nat8 ural disasters, and other man-made disasters. 

9 ‘‘(b) REQUIREMENTS.—The training program shall 

10 provide validated voluntary training that— 

11 ‘‘(1) reaches multiple disciplines, including Fed12 eral, State, and local government officials, commer13 cial personnel and management, and governmental 

14 and nongovernmental emergency response providers; 

15 ‘‘(2) provides training at the awareness, per16 formance, and management and planning levels; 

17 ‘‘(3) uses multiple training mediums and meth18 ods; 

19 ‘‘(4) is coordinated with training provided by 

20 government training facilities, academic institutions, 

21 private organizations, and other entities that provide 

22 specialized, state-of-the-art training for govern23 mental and nongovernmental emergency responder 

24 providers or commercial personnel and management; 


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1 ‘‘(5) uses, as appropriate, government training 

2 facilities, courses provided by community colleges, 

3 public safety academies, State and private univer4 sities, and other facilities; 

5 ‘‘(6) is consistent with, and supports implemen6 tation of, the National Incident Management Sys7 tem, the National Response Framework, the Na8 tional Infrastructure Protection Plan, the National 

9 Preparedness Guidance, the National Preparedness 

10 Goal, the National Maritime Transportation Security 

11 Plan, and other such national initiatives, and any 

12 successors thereto; 

13 ‘‘(7) is evaluated against clear and consistent 

14 performance measures; 

15 ‘‘(8) addresses security requirements under 

16 chemical facility security plans; and 

17 ‘‘(9) educates, trains, and involves individuals 

18 in neighborhoods around chemical facilities on how 

19 to observe and report security risks. 

20 ‘‘SEC. 2103. CHEMICAL SECURITY EXERCISE PROGRAM. 

21 ‘‘(a) IN GENERAL.—Acting through the Adminis22 trator of the Federal Emergency Management Agency and 

23 in coordination with Under Secretary for National Protec24 tion and Programs, the Secretary shall develop a voluntary 

25 chemical security exercise program (referred to in this secVerDate Mar 15 2010 04:42 Mar 04, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S473.IS S473

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1 tion as the ‘exercise program’) for the purpose of offering 

2 voluntary testing and evaluation of the capabilities of the 

3 Federal Government, State governments, commercial per4 sonnel and management, governmental and nongovern5 mental emergency response providers, the private sector, 

6 or any other organization or entity, as the Secretary deter7 mines to be appropriate, to prevent, prepare for, mitigate 

8 against, respond to, and recover from acts of terrorism, 

9 natural disasters, and other emergencies at covered chem10 ical facilities. 

11 ‘‘(b) REQUIREMENTS.—Under the exercise program, 

12 the Secretary shall conduct, on a periodic basis, voluntary 

13 joint security exercises at chemical facilities that are— 

14 ‘‘(1) scaled and tailored to the needs of each 

15 chemical facility; 

16 ‘‘(2) for the highest risk chemical facilities, as 

17 determined by the Secretary, live training exercises; 

18 ‘‘(3) as realistic as practicable and based on 

19 current risk assessments, including credible threats, 

20 vulnerabilities, and consequences; 

21 ‘‘(4) consistent with the National Incident Man22 agement System, the National Response Framework, 

23 the National Infrastructure Protection Plan, the Na24 tional Preparedness Guidance, the National Pre25 paredness Goal, the National Maritime TransporVerDate Mar 15 2010 04:42 Mar 04, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S473.IS S473

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1 tation Security Plan, and other such national initia2 tives, and any successors thereto; 

3 ‘‘(5) evaluated against clear and consistent per4 formance measures; 

5 ‘‘(6) assessed to learn best practices, which 

6 shall be shared with appropriate Federal, State, and 

7 local officials, commercial personnel and manage8 ment, governmental and nongovernmental emergency 

9 response providers, and the private sector; 

10 ‘‘(7) followed by remedial action in response to 

11 lessons learned; and 

12 ‘‘(8) designed to assist State and local govern13 ments and chemical facilities in designing, imple14 menting, and evaluating exercises that— 

15 ‘‘(A) conform to the requirements of this 

16 paragraph; and 

17 ‘‘(B) are consistent with any applicable 

18 Buffer Zone Protection Plan, State homeland 

19 security plan, or urban area homeland security 

20 plan. 

21 ‘‘SEC. 2104. VOLUNTARY TECHNICAL ASSISTANCE PRO22 GRAM. 

23 ‘‘(a) ESTABLISHMENT.—The Secretary, acting 

24 through the Assistant Secretary for Infrastructure Protec25 tion, in coordination with the Under Secretary for Science 


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1 and Technology, and in consultation with the Board, shall 

2 establish a voluntary technical assistance program under 

3 which, upon request by the owner or operator of a covered 

4 chemical facility, and subject to the availability of re5 sources at the Department, the Secretary may provide 

6 nonbinding assistance or recommendations to the owner 

7 or operator to— 

8 ‘‘(1) reduce the risk or consequences associated 

9 with a successful act of terrorism against a covered 

10 chemical facility, including the reduction of risk or 

11 consequences— 

12 ‘‘(A) sufficient to decrease the risk-based 

13 tier assigned to the covered chemical facility 

14 under the Chemical Facility Anti-Terrorism 

15 Standards; or 

16 ‘‘(B) such that the covered chemical facil17 ity no longer presents a high level of security 

18 risk; or 

19 ‘‘(2) aid in compliance with the risk-based per20 formance standards applicable to the covered chem21 ical facility under the Chemical Facility Anti-Ter22 rorism Standards. 

23 ‘‘(b) VOLUNTARY NATURE OF ASSISTANCE.— 

24 ‘‘(1) IN GENERAL.—The decision to— 


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1 ‘‘(A) participate in the voluntary technical 

2 assistance program under this section; or 

3 ‘‘(B) implement any assistance or rec4 ommendations provided by the Secretary under 

5 this section, 

6 shall be at the sole discretion of the owner or oper7 ator of a covered chemical facility. 

8 ‘‘(2) NO REQUIRED ASSESSMENT.—The Sec9 retary may not require the owner or operator of a 

10 covered chemical facility to— 

11 ‘‘(A) consider any assistance or rec12 ommendation provided under this section as 

13 part of a security vulnerability assessment 

14 under the Chemical Facility Anti-Terrorism 

15 Standards; or 

16 ‘‘(B) assess, directly or indirectly, the 

17 costs, benefits, economic or technical feasibility, 

18 or practicality of implementing any assistance 

19 or recommendation provided under this section. 

20 ‘‘(3) SITE SECURITY PLAN REVIEW.—If the site 

21 security plan for a covered chemical facility satisfies 

22 the risk-based performance standards applicable to 

23 the covered chemical facility under the Chemical Fa24 cility Anti-Terrorism Standards, the Secretary may 

25 not disapprove the site security plan based on— 


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1 ‘‘(A) a decision by the owner or operator 

2 of a covered chemical facility not to— 

3 ‘‘(i) participate in the voluntary tech4 nical assistance program under this sec5 tion; or 

6 ‘‘(ii) implement assistance or a rec7 ommendation provided by the Secretary 

8 under this section; or 

9 ‘‘(B) the presence or absence of a par10 ticular security measure. 

11 ‘‘(4) EFFECT ON TIERING.—At the request of 

12 the owner or operator of a covered chemical facility, 

13 the Secretary shall advise the owner or operator of 

14 the overall effect that implementing all categories of 

15 assistance or recommendations provided by the Sec16 retary under this section would have on the deter17 mination by the Secretary— 

18 ‘‘(A) of the placement of the covered chem19 ical facility in a risk-based tier under the Chem20 ical Facility Anti-Terrorism Standards; or 

21 ‘‘(B) regarding whether the covered chem22 ical facility would no longer present a high level 

23 of security risk. 

24 ‘‘(5) CIVIL LIABILITY.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), no action, or failure to act, by the 

3 owner or operator of a covered chemical facility 

4 relating to assistance or a recommendation pro5 vided by the Secretary under this section shall 

6 be interpreted, construed, implied, or applied to 

7 create any liability or cause of action for com8 pensation for bodily injury, any other injury, or 

9 property damage to any person that may result 

10 from an act of terrorism or incident at the cov11 ered chemical facility. 

12 ‘‘(B) ADDITIONAL OR INTERVENING ACTS

13 OR OMISSIONS.—Subparagraph (A) shall not 

14 apply to any injury or damage caused by any 

15 additional or intervening act or omission of the 

16 owner or operator of a covered chemical facility. 

17 ‘‘(C) RULE OF CONSTRUCTION.—Except as 

18 provided in this section, nothing in subpara19 graph (A) shall be construed to abrogate or 

20 limit any right, remedy, or authority that the 

21 Federal Government, any State or local govern22 ment, or any entity or agency of the Federal 

23 Government or a State or local government may 

24 possess under any other provision of law. 


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1 ‘‘(c) BEST PRACTICES.—Subject to subsection (d), 

2 the Secretary shall develop a repository for information 

3 and data on best practices and cost-effective technologies 

4 for implementing the Chemical Facility Anti-Terrorism 

5 Standards and the voluntary technical assistance program 

6 under this section. 

7 ‘‘(d) INFORMATION PROTECTION.—Any information 

8 obtained by the Secretary under the voluntary technical 

9 assistance program under this section or for purposes of 

10 subsection (c) shall— 

11 ‘‘(1) to the extent that the information may re12 veal vulnerabilities or other details of the security 

13 capabilities of a covered chemical facility that may 

14 be exploited by terrorists, be protected as chemical15 terrorism vulnerability information under the Chem16 ical Facility Anti-Terrorism Standards; and 

17 ‘‘(2) to the extent that the information may re18 veal trade secrets or commercial or financial infor19 mation that is not customarily in the public domain, 

20 be protected as though the information was volun21 tarily shared critical infrastructure information 

22 under section 214, except that the requirement 

23 under section 214 that the information be volun24 tarily submitted, including the requirement for an 

25 express statement specified in section 214(a)(2), 


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1 shall not apply to information obtained under this 

2 section. 

3 ‘‘(e) REPORT ON LESSONS LEARNED.—Not later 

4 than October 4, 2013, the Secretary, in coordination with 

5 the Board, shall submit to the Committee on Homeland 

6 Security and Governmental Affairs of the Senate and the 

7 Committee on Homeland Security of the House of Rep8 resentatives a report regarding lessons learned from the 

9 voluntary technical assistance program under this section. 

10 ‘‘(f) AVAILABILITY OF APPROPRIATIONS.—Of the 

11 amounts made available for the Chemical Facility Anti12 Terrorism Standards for each of fiscal years 2011 through 

13 2015, not less than $5,000,000 shall be made available 

14 for the provision of voluntary technical assistance under 

15 this section. 

16 ‘‘SEC. 2105. CHEMICAL FACILITY SECURITY ADVISORY 

17 BOARD. 

18 ‘‘(a) ESTABLISHMENT.—Not later than 90 days after 

19 the date of enactment of this section, the Secretary shall 

20 establish under section 871 a Chemical Facility Security 

21 Advisory Board. 

22 ‘‘(b) RESPONSIBILITIES.—The Board shall advise the 

23 Secretary on the implementation of the Chemical Facility 

24 Anti-Terrorism Standards, including regarding the impleVerDate Mar 15 2010 04:42 Mar 04, 2011 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S473.IS S473

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1 mentation of the voluntary technical assistance program 

2 under section 2103. 

3 ‘‘(c) MEMBERSHIP.—There shall be 9 members of the 

4 Board, who shall be appointed by the Secretary and shall 

5 represent a geographic and substantive cross-section of 

6 the United States, including— 

7 ‘‘(1) not less than 5 owners or operators of cov8 ered chemical facilities; 

9 ‘‘(2) not less than 2 employees of covered chem10 ical facilities with direct responsibility for process 

11 design and engineering, production and operations, 

12 or chemical process security; and 

13 ‘‘(3) not less than 2 other experts in the fields 

14 of chemistry, security, process design and engineer15 ing, process controls and instrumentation, environ16 mental health and safety, maintenance, production 

17 and operations, or chemical process security. 

18 ‘‘(d) TERM.—The members of the Board shall be ap19 pointed for such terms as the Secretary may determine. 

20 ‘‘(e) APPLICABILITY OF FEDERAL ADVISORY COM21 MITTEE ACT.—Notwithstanding section 871(a), except as 

22 provided in subsection (f), the Federal Advisory Com23 mittee Act (5 U.S.C. App.) shall apply to the Board. 

24 ‘‘(f) EXEMPTION FROM TERMINATION REQUIRE25 MENTS.—Section 14 of the Federal Advisory Committee 


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1 Act (5 U.S.C. App.) and section 871(b) shall not apply 

2 to the Board. 

3 ‘‘SEC. 2106. AUTHORIZATION OF APPROPRIATIONS. 

4 ‘‘There are authorized to be appropriated to the Sec5 retary such sums as are necessary to carry out this title.’’. 

6 (2) TABLE OF CONTENTS.—The table of con7 tents in section 1(b) of the Homeland Security Act 

8 of 2002 (6 U.S.C. 101 et seq.) is amended by insert9 ing after the item relating to section 2022 the fol10 lowing: 

‘‘TITLE XXI—CHEMICAL FACILITY SECURITY 

‘‘Sec. 2101. Definitions. 

‘‘Sec. 2102. Chemical security training program. 

‘‘Sec. 2103. Chemical security exercise program. 

‘‘Sec. 2104. Voluntary technical assistance program. 

‘‘Sec. 2105. Chemical Facility Security Advisory Board. 

‘‘Sec. 2106. Authorization of appropriations.’’. 

Æ 


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